Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2585 of 2021 Applicant :- Sanjay Thakur Opposite Party :- Alok Kumar Counsel for Applicant :- Vijay Nishad,Ram Manohar Kashyap
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the order dated 17.12.2020 passed in P.I.L. No.1378 of 2020 (Sanjay Thakur Vs. State of U.P. & others.). The aforesaid order is quoted as under:-
"According to the written instructions received by the learned State Counsel and produced before the Court, the Tehsildar Sevrai, Ghazipur has reported that cases under Section 67 of the U.P. Revenue Code have been registered in relation to land comprising Plot Nos. 42 and 43, both of which are recorded as public utility lands. One of these is the land of plot no. 42, recorded as the Panchayat Bhawan to the extent of 0.68 hectares whereas plot no. 43 to the extent of 0.075 hectares is recorded as a Chak Marg. Regarding the Chak Marg, it is reported that an area of 0.034 hectares has the Chak Marg constructed over it but the remainder area of 0.041 hectares is in illegal occupation of different persons named in the Tehsildar's report dated 15.12.2020. It is also evident from a perusal of the Tehsildar's report dated 15.12.2020 that in plot no. 42 an area of 0.026 hectares is encroached by different natives of the village whereas the area of 0.042 hectares is unencroached.
Be as it may, looking to the nature of the order that this Court proposes to pass, notice to private respondent nos. 5 to 16 is being dispensed with. Still, in case respondent nos. 5 to 16 or any other person who feels aggrieved by this order made, it will be open to them to make an application in this decided petition.
In the circumstances, the Tehsildar,Sevrai, Ghazipur is directed to decide cases registered under Section 67 of the U.P. Revenue Code and carry those proceedings to their logical conclusion, causing encroachments to be removed, if any, after hearing all parties concerned in accordance with law within a period of two month.
The writ petition is disposed of in terms of the aforesaid orders.
The written instructions produced before the Court by the learned Standing Counsel, are retained on record.
Let this order be communicated to the Tehsildar Sevrai, Ghazipur through the Collector, Ghazipur and the Collector, Ghazipur by the Joint Registrar (Compliance) within 48 hours. "
Learned counsel for the applicant submits that a copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have willfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within six weeks from the date of production of a copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within two weeks from today. The office shall send a copy of this order along with the self-addressed stamped envelope of the applicant with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of the order through the self-addressed envelop within a week, thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.7.2021 saqlain Digitally signed by Justice Prakash Padia Date: 2021.07.28 16:49:08 IST Reason: Document Owner Location: High Court of Judicature at Allahabad